Explainer: These are the constitutional amendments on the ballot Nov. 8

Kentucky voters will vote on two amendments this November that could drastically change the legislature’s power and abortion access in the state. 

Constitutional Amendment One will allow the legislature to call itself into a special session. Constitutional Amendment Two will put language into the Kentucky constitution prohibiting access to abortion. 

Let’s take a look at each amendment and what they could mean for Kentuckians. 

Constitutional Amendment One 

This amendment is quite simple but will be the most lengthy on the ballot this November. At 744 words, amendment one allows the Kentucky legislature to call itself into a special session and possibly extend the end date for a regular session until later in the year. 

While the end date can be extended, the number of days (30 in odd years, 60 in even) in sessions cannot be changed. The Kentucky constitution allows a regular legislative session to end on March 30 in odd-numbered years and April 15 in even-numbered years. 

The governor of Kentucky is the only person that can call the legislature into a special session and controls the criterion for these sessions. 

If the amendment passes, the legislature “by a joint proclamation of the President of the Senate and the Speaker of the House of Representatives,” can call themselves back into session for a maximum of 12 days per year.

The Republican supermajority wanted this amendment added after Gov. Andy Beshear didn’t call the legislature into a special session during the COVID-19 pandemic. 

Kentucky is just one of 14 states where only the governor can call the legislature back into special session. But, in the states where the legislature can call itself back into session, it requires a vote from both the House and Senate – in Kentucky, this wouldn’t be necessary, leaving the power solely in the hands of the President of the Senate and Speaker of the House. 

For voters: If voters vote “yes,” they are in favor of allowing the legislature to call itself back into session. If voters vote “no,” they are against allowing the legislature to call itself back into session. 

Read the complete amendment as it will appear on the ballot below. 

“Are you in favor of amending the present Constitution of Kentucky to repeal sections 36, 42, and 55 and replace those sections with new sections of the Constitution of Kentucky to allow the General Assembly to meet in regular session for thirty legislative days in odd-numbered years, for sixty legislative days in even-numbered years, and for no more than twelve additional days during any calendar year if convened by a Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, with no session of the General Assembly to extend beyond December 31; and to provide that any act passed by the General Assembly shall become law on July 1 of the year in which it was passed, or ninety days after passage and signature of the Governor, whichever occurs later, or in cases of emergency when approved by the Governor or when it otherwise becomes law under Section 88 of the Constitution?

Proposed New Section

(1) The General Assembly, in odd-numbered years, shall convene in regular session on the first Tuesday following the first Monday in January for the purpose of electing legislative leaders, adopting rules of procedure, organizing committees, and introducing and considering legislation.

(2) No regular session of the General Assembly occurring in odd-numbered years shall continue beyond thirty legislative days.

(3) No bill raising revenue or appropriating funds shall be passed by the General Assembly in a regular session in an odd-numbered year unless it shall be agreed upon by three-fifths of all the members elected to each House.

(4) The General Assembly, in even-numbered years, shall convene in regular session on the first Tuesday following the first Monday in January, and no regular session of the General Assembly in even-numbered years shall extend beyond sixty legislative days.

(5) Except as otherwise provided in this Constitution, the General Assembly shall establish by general law or joint resolution the date the regular session shall end. No bill establishing a later date shall be passed by the General Assembly unless it shall be agreed upon by three-fifths of all the members elected to each House. No session of the General Assembly shall extend beyond December 31.

(6) In addition to a regular session, the General Assembly may be convened by Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives for no more than twelve legislative days annually, during which the General Assembly may recess from time to time as it determines necessary. Should a vacancy occur in the office of the President of the Senate or the Speaker of the House of Representatives, the Joint Proclamation for the House with the vacancy may be issued by the Senate President Pro Tempore or the Speaker Pro Tempore of the House of Representatives.

(7) All sessions of the General Assembly shall be held at the seat of government, except in the case of war, insurrection, or pestilence, when it may, by Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, assemble, for the time being, elsewhere. Should a vacancy occur in the office of the President of the Senate or the Speaker of the House of Representatives, the Joint Proclamation for the House with the vacancy may be issued by the Senate President Pro Tempore or the Speaker Pro Tempore of the House of Representatives.

(8) Limitations as to the length of any session of the General Assembly shall not apply to any extraordinary session under Section 80 of this Constitution or in the Senate when sitting as a court of impeachment.

(9) A legislative day shall be construed to mean a calendar day, exclusive of Sundays, legal holidays, or any day on which neither House meets.

Proposed New Section

No act, except general appropriation bills, shall become a law until July 1 of the year in which it was passed, or until ninety days after it becomes law under Section 88 of this Constitution, whichever occurs later, except in cases of emergency, when, by the concurrence of a majority of the members elected to each House of the General Assembly, by a yea and nay vote entered upon their journals, an act may become a law when approved by the Governor or when it otherwise becomes a law under Section 88; but the reasons for the emergency that justifies this action must be set out at length in the journal of each House.”

Constitutional Amendment Two

Kentucky Constitutional Amendment Two, or the No Right to Abortion in Constitution Amendment, would remove the right to abortion from Kentucky’s constitution. If voters vote “yes” on the amendment, they will vote in favor of amending the constitution, which removes the right to an abortion. If they vote “no,” it will oppose amending the constitution.  

Kansas voters rejected a similar measure in August, but those involved with the Kentucky amendment say the language in Kentucky is much more straightforward. 

The amendment in Kentucky, which is also known as the “Yes for Life” amendment, would add language to the Kentucky constitution that says, “To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.” 

Northern Kentucky Rep. Joseph Fischer (R-Ft. Thomas), who is leaving his seat and running for Kentucky Supreme Court, sponsored the fetal heartbeat law and wrote the ballot amendment. 

“The ballot language on the Yes for Life Amendment, Number Two in Kentucky, is not confusing because, by rule of the Kentucky Supreme Court, we are required to publish the entire text of the amendment so that the people can understand it,” said Rep. Joseph Fischer (R-Ft. Thomas). 

Opponents say the Kentucky amendment is confusing as well. 

“One thing that stands pretty stark is the line that says ‘nothing in this constitution shall be construed to protect or secure to the right to an abortion (or require the funding of abortion),'” said Tamarra Wieder, Kentucky state director for Planned Parenthood Alliance Advocates. 

“What we’re seeing is that no matter political affiliation, religious identity or background, the ‘nothing’ (portion) is what’s standing out to people.” 

The ACLU and Planned Parenthood plan to challenge abortion laws in Kentucky after the U.S. Supreme Court overturned Roe v. Wade – which made abortion a constitutional right. The ruling triggered two laws in Kentucky that ban the procedure. However, if Amendment 2 were to pass, it would remove the basis for the lawsuits and any future legal battles.  

Read the complete amendment as it will appear on the ballot below: 

“Are you in favor of amending the Constitution of Kentucky by creating a new Section of the Constitution to be numbered Section 26A to state as follows: To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion
or require the funding of abortion?”

How will you vote? 

Take the anonymous poll below to tell us how you’ll vote on the amendment. 

We also want your opinion and thoughts on the two amendments. 

Email Politics and Government Reporter Mark Payne at mpayne@linknky.com to give your thoughts, which might be used in an article or additional reporting on the subject.